The immediate concern for a victim would be to protect themselves against any risk of future harm, by applying for a Non-Molestation Order. For an application to be successful there must be evidence of the behaviour being complained about. That then raises the next question: How to evidence domestic violence?

The answer is not as straightforward as one would ideally imagine, and very much depends on the nature of the harmful behaviour.

Re-cap on types of domestic abuse or violence

Without being limited to these, domestic abuse can include:

  • Physical abuse
  • Sexual abuse
  • Financial or economic abuse
  • Coercive control
  • Harassment
  • Stalking
  • Psychological and/or emotional abuse
  • Online abuse

What counts as evidence

Past incidents of domestic abuse can be an indicator of a future risk of harm and proving that would be the crucial part of evidence to merit an application for a protective order. Some forms of abuse, such as physical violence, are easier to prove than others provided the incident was reported. For instance, somebody who was beaten by a partner and sought medical treatment would be able to produce doctor or hospital records as evidence. Similarly, police records and crime reference numbers would assist in evidence if the incident was reported to the Police.

However, a lot of victims do not immediately report domestic abuse. This can be for a variety of reasons, such as fearing that leaving the relationship would be dangerous for them, fearing that the abuser would be in denial, fearing isolation, or simply hoping that the incident was a one off and would not repeat. The problem is that if there was no report, then it may be almost impossible to prove an incident, particularly if it happened a long time ago.

Evidence also becomes trickier in the context of the ‘less obvious’ forms of domestic abuse, such as emotional abuse or coercive control. This is particularly the case with coercive control, which is also a criminal office. The offence is concerned with behaviour that is continuous or repeated, rather than a single incident which would be easier to pinpoint.

The following is a list of places from which evidence can be sought, where applicable, if there has been previous domestic abuse:

  • The Courts – This can include any previous Restraining Order, Non-Molestation Order or Injunction obtained against the abuser.
  • The Police – This can include crime reference numbers, records of previous incidents reported against the abuser, or any current bail conditions imposed upon the abuser.
  • Multi-Agency Risk Assessment Conference (MARAC).
  • Social Services.
  • A healthcare professional, for example a doctor, nurse, midwife, psychologist or health visitor.
  • A refuge manager.
  • A domestic violence support service.
  • A bank – For example credit card accounts, loan documents and statements in cases of financial abuse.
  • An employer, or education or training provider
  • A school in the case of domestic abuse suffered or witnessed by a child.

Tips on gathering evidence

It can be easy to bypass a ‘less serious’ incident of domestic abuse, or to not be able to recall or pinpoint exactly when the abusive behaviour started. Below is a list of tips to assist in being able to support an application for a protective order:

  1. Take photographs of injuries or physical damage.
  2. Make a note of all dates and crime reference numbers for all incidents reported to the Police.
  3. In the case of verbal or emotional abuse, keep a diary of dates and what was said. If you need to prove a pattern of behaviour, the number and frequency of events will illustrate the severity of the abuse.
  4. In cases of harassment, do not answer phone calls. If the abusive partner, or ex-partner, leaves a voicemail then save the voicemail.
  5. If there are any written messages, do not delete these and back them up if possible.
  6. Save digital evidence. Most smart phones have a screenshot facility. This can be used to ‘screenshot’ multiple missed calls, threatening messages, or social media posts which the abuser can later delete.
  7. Always seek support from healthcare providers where available. As well as providing supporting evidence in the future, they will also be able to signpost to organisations who can assist victims further.

We appreciate it is not easy to take the first step out of an abusive relationship. Our friendly and professional team are here to speak to you in confidence and navigate you through the whole way. If you require any assistance or guidance, please contact the Family Team on 01245 228116 or by email at familyenq@gepp.co.uk.